AM obo KM v Member of the Executive Council for Health, Eastern Cape (699/17) [2018] ZASCA 141 (1 October 2018)

AM obo KM v Member of the Executive Council for Health, Eastern Cape (699/17) [2018] ZASCA 141 (1 October 2018)

The majority of the Supreme Court of Appeal held that, although the hospital staff failed to monitor the appellant adequately during labour and the hospital records were tampered with, the evidence did not establish that such negligence caused the child’s hypoxic ischaemic injury and resultant cerebral palsy. The injury was found to be an acute, profound event occurring immediately before delivery, at a stage where intervention would not have prevented the outcome. The appellant’s failure to testify resulted in gaps in the factual narrative, and much of the expert evidence was rendered inadmissible hearsay. The alteration of hospital records, while reprehensible, was not sufficient to...

Citation
[2018] ZASCA 141
Parties
Appellant: A. M. obo K. M.; Respondent: Member of the Executive Council for Health, Eastern Cape
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
1 October 2018
Case Number
699/17
Procedural Posture
Civil Appeal / Appeal From Eastern Cape Division of the High Court, Mthatha
Outcome
Appeal dismissed with costs.
Judges
Ponnan, Tshiqi, Majiedt, Swain, Zondi
Legal Topics
Medical Negligence, Cerebral Palsy, Hospital Record Tampering, Factual Causation, Professional Guidelines, Admissibility of Evidence
Delict Medical Negligence Cerebral Palsy Hospital Record Tampering Factual Causation Professional Guidelines Admissibility of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

A. M. obo K. M.

Appellant

Member of the Executive Council for Health, Eastern Cape

Respondent

Procedural Posture

Civil Appeal / Appeal From Eastern Cape Division of the High Court, Mthatha

Legal Issues

  1. 1 Whether the hospital staff were negligent in monitoring and treating the appellant during labour.
  2. 2 Whether such negligence, if proved, was causally connected to the child’s hypoxic ischaemic injury and resultant cerebral palsy.
  3. 3 Whether the altered hospital records were admissible and reliable evidence.

Ratio Decidendi

The majority of the Supreme Court of Appeal held that, although the hospital staff failed to monitor the appellant adequately during labour and the hospital records were tampered with, the evidence did not establish that such negligence caused the child’s hypoxic ischaemic injury and resultant cerebral palsy. The injury was found to be an acute, profound event occurring immediately before delivery, at a stage where intervention would not have prevented the outcome. The appellant’s failure to testify resulted in gaps in the factual narrative, and much of the expert evidence was rendered inadmissible hearsay. The alteration of hospital records, while reprehensible, was not sufficient to...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.